Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Lined Paper Products from India

Certain Lined Paper Products From India: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2022-2023

Dates

Applicable October 11, 2024.

Supplementary Information

Background

On September 28, 2006, Commerce published the antidumping duty order on lined paper from India. ⁽¹⁾ On September 6, 2023, we published in the Federal Register a notice of opportunity to request an administrative review of the Order.⁽²⁾ On November 15, 2023, pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended (the Act), Commerce initiated an administrative review of the Order covering 11 entities. ⁽³⁾ On May 28, 2024, Commerce extended the deadline for the preliminary results until September 27, 2024. ⁽⁴⁾ On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days. ⁽⁵⁾ The deadline for the preliminary results is now October 4, 2024.

For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum. ⁽⁶⁾ A list of topics discussed in the Preliminary Decision Memorandum is attached as Appendix I to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Scope of the Order

The products covered by this Order are lined paper from India. A full description of the scope of the Order is contained in the Preliminary Decision Memorandum.

Rescission of Review, in Part

As noted above, we initiated this review with respect to 11 companies. ⁽⁷⁾ During the course of the review, we selected two mandatory respondents, ITC Limited  ⁽⁸⁾ and Navneet Education Ltd. (Navneet). ⁽⁹⁾ As a consequence, there are nine companies upon which a review was requested and which were not selected for individual examination.

Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an administrative review when there are no reviewable suspended entries. Based on our analysis of U.S. Customs and Border Protection (CBP) information, three companies listed in the Initiation Notice had no entries of subject merchandise during the POR. On March 21, 2024, we notified parties of our intent to rescind this administrative review with respect to the three companies that had no reviewable suspended entries during the POR. ⁽¹⁰⁾ No party to the proceeding provided comments on our Intent to Rescind Memorandum. As a result, we are rescinding this review, in part, with respect to the three entities which had no entries in the POR and for which withdrawal requests were not previously received from all parties requesting review. ⁽¹¹⁾ Therefore, we are rescinding this review, in part, with respect to a total of three companies. ⁽¹²⁾

Methodology

Commerce is conducting this review in accordance with section 751(a)(1)(B) of the Act. Export price was calculated in accordance with section 772 of the Act. Normal value was calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum.

Rate for Non-Examined Companies

The Act and Commerce's regulations do not directly address the establishment of a rate to be applied to individual companies not selected for examination when Commerce limits its examination in an administrative review pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5) of the Act, which provides instructions for calculating the all-others rate in a market economy investigation, for guidance when calculating the rate for companies which were not selected for individual review in an administrative review. Under section 735(c)(5)(A) of the Act, the all-others rate is normally "an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero or de minimis margins, and any margins determined entirely {on the basis of facts available}." Section 735(c)(5)(B) of the Act provides that, where all rates are zero, de minimis, or based entirely on facts available, Commerce may use "any reasonable method" for assigning the rate to all other respondents.

In this administrative review, we preliminarily calculated a zero or de minimis dumping margin for ITC Limited and Navneet. Thus, in accordance with section 735(c)(5)(B) of the Act, we are preliminarily assigning to the companies not individually examined a de minimis margin of 0.04 percent, which is the weighted average of the weighted-average dumping margins calculated for ITC Limited and Navneet based on publicly ranged U.S. sales values. ⁽¹³⁾ The companies not selected for individual examination are listed in Appendix III.

Preliminary Results of Review

As a result of this review, we preliminarily determine the following estimated weighted-average dumping margins exist for the period September 1, 2022, through August 31, 2023:

Disclosure and Public Comment

Commerce intends to disclose the calculations performed in connection with these preliminary results to interested parties within five days after the date of publication of this notice, in accordance with 19 CFR 351.224(b). ⁽¹⁵⁾

Interested parties may submit case briefs no later than 30 days after the date of publication of this notice. ⁽¹⁶⁾ Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than five days after the date for filing case briefs. ⁽¹⁷⁾ Interested parties who submit case briefs or rebuttal briefs in this proceeding must submit: (1) a table of contents listing each issue; and, (2) a table of authorities. ⁽¹⁸⁾

As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we have encouraged interested parties to provide an executive summary of their briefs that should be limited to five pages total, including footnotes. In this review, we instead request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs. ⁽¹⁹⁾ Further, we request that interested parties limit their public executive summary of each issue to no more than 450 words, not including citations. We intend to use the public executive summaries as the basis of the comment summaries included in the issues and decision memorandum that will accompany the final results in this administrative review. We request that interested parties include footnotes for relevant citations in the public executive summary of each issue. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f). ⁽²⁰⁾

Interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, using Enforcement and Compliance's ACCESS system within 30 days of publication of this notice. ⁽²¹⁾ Requests should contain the party's name, address, and telephone number, the number of participants, and a list of the issues to be discussed. Issues raised in the hearing will be limited to those raised in the case and rebuttal briefs. If a request for a hearing is made, we will inform parties of the scheduled date for the hearing at a time and location to be determined. ⁽²²⁾ Parties should confirm by telephone the date, time, and location of the hearing no fewer than two days before the scheduled date. Parties are reminded that all briefs and hearing requests must be filed electronically using ACCESS and received successfully in their entirety by 5:00 p.m. Eastern Time on the due date.

Unless the deadline is extended pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2), Commerce will issue the final results of this administrative review, including the results of our analysis of the issues raised by the parties in their case briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

Upon issuance of the final results, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review. The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by this review and for future deposits of estimated duties, where applicable. ⁽²³⁾ Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register . If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired ( i.e., within 90 days of publication).

If the respective weighted-average dumping margins are above de minimis ( i.e., 0.50 percent) in the final results of this review, we will calculate importer-specific ad valorem antidumping duty assessment rates based on the ratio of the total amount of dumping calculated for the importer's examined sales to the total entered value of those same sales in accordance with 19 CFR 351.212(b)(1). ⁽²⁴⁾ If the respondent has not reported entered values, we will calculate a per-unit assessment rate for each importer by dividing the total amount of dumping calculated for the examined sales made to that importer by the total quantity associated with those sales. Where either the respondent's weighted-average dumping margin is zero or de minimis, or an importer-specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.

In accordance with Commerce's "automatic assessment" practice, for entries of subject merchandise during the POR produced by the respondents for which they did not know that the merchandise was destined for the United States, we will instruct CBP to liquidate entries not reviewed at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.

For the companies which were not selected for individual examination, we will instruct CBP to assess antidumping duties at an ad valorem assessment rate equal to the company-specific weighted-average dumping margin determined in these final results. For the companies for which the administrative review is rescinded, antidumping duties shall be assessed at a rate equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue these rescission instructions to CBP no earlier than 35 days after the date of publication of this notice in the Federal Register .

Cash Deposit Requirements

The following cash deposit requirements will be effective upon publication of the notice of the final results of the administrative review for all shipments of lined paper from India entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results, as provided by section 751(a)(2) of the Act: (1) the cash deposit rate for each company listed above will be equal to the dumping margins established in the final results of this review, except if the ultimate rate is de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rates will be zero; (2) for merchandise exported by producers or exporters not covered in this administrative review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding in which the producer or exporter participated; (3) if the exporter is not a firm covered in this review, a prior review, or the original less-than-fair-value investigation, but the producer is, then the cash deposit rate will be the rate established for the most recently completed segment of the proceeding for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 3.91 percent, the all-others rate established in the antidumping duty investigation. ⁽²⁵⁾ These cash deposit requirements, when imposed, shall remain in effect until further notice.

Notification to Importers

This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent assessment of double antidumping duties, and/or an increase in the amount of antidumping duties by the amount of the countervailing duties.

Notification to Interested Parties

We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213(h)(2), and 19 CFR 351.221(b)(4).

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary

II. Background

III. Scope of the Order

IV. Rescission of Review, In Part

V. Companies Not Selected for Individual Examination

VI. Discussion of Methodology

VII. Currency Conversion

VIII. Recommendation

Appendix II

Companies Rescinded From Administrative Review

1. JC Stationery (P) Ltd

2. M/s. Bhaskar Paper Products

3. Magic International Pvt. Ltd.

Appendix III

Non-Individually Examined Companies Receiving a Review-Specific Rate

1. Cellpage Ventures Private Limited

2. Dinakar Process Private Limited

3. Lotus Global Private Limited

4. Pioneer Stationery Private Limited

5. PP Bafna Ventures Private Limited

6. SGM Paper Products

⁽¹⁾ See Notice of Amended Final Determination of Sales at Less Than Fair Value: Certain Lined Paper Products from the People's Republic of China; Notice of Antidumping Duty Orders: Certain Lined Paper Products from India, Indonesia and the People's Republic of China; and Notice of Countervailing Duty Orders: Certain Lined Paper Products from India and Indonesia, 71 FR 56949 (September 28, 2006) ( Order ).

⁽²⁾ See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review and Join Annual Inquiry Service List, 88 FR 60923 (September 6, 2023).

⁽³⁾ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 78298 (November 15, 2023) ( Initiation Notice ).

⁽⁴⁾ See Memorandum, "Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review," dated May 28, 2024.

⁽⁵⁾ See Memorandum, "Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings," dated July 22, 2024.

⁽⁶⁾ See Memorandum, "Decision Memorandum for the Preliminary Results of Antidumping Duty Administrative Review: Certain Lined Paper Products from India; 2022-2023," dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).

⁽⁷⁾ See Initiation Notice, 88 FR at 78300.

⁽⁸⁾  The correct name of the company is ITC Limited, whereas the Initiation Notice uses the name "ITC Limited-Education and Stationary Products Business," which is a division of ITC Limited, and not a legal entity. See Certain Lined Paper Products from India: Amended Final Results of Antidumping Duty Administrative Review; 2020-2021, 88 FR 28493, 28494 (May 4, 2023); see also Memorandum, "Respondent Selection," dated February 23, 2024 (Respondent Selection Memorandum).

⁽⁹⁾ See Respondent Selection Memorandum at 2, n.6.

⁽¹⁰⁾ See Memorandum, "Notice of Intent to Rescind Review, In Part," dated March 21, 2024 (Intent to Rescind Memorandum).

⁽¹¹⁾ See Appendix II.

⁽¹²⁾ Id.

⁽¹³⁾  With two respondents under examination, Commerce normally calculates: (A) a weighted-average of the estimated weighted-average dumping margins calculated for the examined respondents; (B) a simple average of the estimated weighted-average dumping margins calculated for the examined respondents; and (C) a weighted-average of the estimated weighted-average dumping margins calculated for the examined respondents using each company's publicly-ranged U.S. sales values for the merchandise under consideration. Commerce then compares (B) and (C) to (A) and selects the rate closest to (A) as the most appropriate rate for all other producers and exporters. See, e.g., Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53662 (September 1, 2010), and accompanying Issues and Decision Memorandum at Comment 1. As complete publicly ranged sales data were available, Commerce based the rate for the non-examined companies on the publicly ranged sales data of the mandatory respondents. See Preliminary Decision Memorandum at "Companies Not Selected For Individual Examination;" see also Memorandum, "Calculation of Margin for Respondents Not Selected for Individual Examination," dated concurrently with this notice.

⁽¹⁴⁾ See Appendix III.

⁽¹⁵⁾ See 19 CFR 351.224(b).

⁽¹⁶⁾ See 19 CFR 351.309(c)(1)(ii)

⁽¹⁷⁾ See 19 CFR 351.309(d); see also Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 2023) ( APO and Service Procedures ).

⁽¹⁸⁾ See 19 CFR 351.309(c)(2) and (d)(2).

⁽¹⁹⁾  We use the term "issue" here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum.

⁽²⁰⁾ See APO and Service Procedures.

⁽²¹⁾ See 19 CFR 351.310(c).

⁽²²⁾ See 19 CFR 351.310.

⁽²³⁾ See section 751(a)(2)(C) of the Act.

⁽²⁴⁾  In these preliminary results, Commerce applied the assessment rate calculation method adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings; Final Modification, 77 FR 8101 (February 14, 2012).

⁽²⁵⁾ See Order, 71 FR at 56952.